Local Tickets General Terms and Conditions

Local Tickets provides a ticketing platform and a range of associated services, including the Local Tickets website (“Site”).

All of our Services are governed by these Local Tickets General Terms and Conditions, and each of our services are governed by additional terms as indicated.

If you do not agree to these Local Tickets General Terms and Conditions do not use the Site.

1. Agreement

1.1 You are bound by these Local Tickets General Terms and Conditions and enter into an agreement with us upon your acceptance of them, which will be the earliest occurrence of any of the following events:

(a) you, or any device that you control, requests any content from the Site;

(b) you, or any device that you control, receives any content from the Site;

(c) you access a page on, or related to, the Domain using a web browser or an App;

(d) you request any Services from us through the Site;

(e) you receive any Services from us through the Site;

(f) you purchase a ticket using the Site and check the checkbox that indicates that you agree to Local Tickets’ terms and conditions;

(g) you sign up for an Event Host Account and check the checkbox that indicates that you agree to Local Tickets’ terms and conditions;

(h) you check any other checkbox that indicates that you agree to the Local Tickets terms and conditions; or

(i) you otherwise access the Site through a third party website or application, as the case may be.

1.2 In addition to these Local Tickets General Terms and Conditions any Services provided to you by us are subject to additional terms and conditions. To the extent that you request or receive any Services you will be bound by the relevant terms and conditions in accordance with their provisions and will form a separate agreement with us (each a “Service Agreement”). Without limiting the generality of the foregoing, the following additional terms and conditions apply to our Services:

(a) If you purchase tickets using the Site the Ticket Purchaser Terms and Conditions apply;

(b) If you sign up for an Event Host Account, use the Site to upload an Event, advertise, or sell tickets then the Event Host Terms and Conditions apply;

(c) If you download or use the Local Tickets App then the Local Tickets EULA apples;

(d) If you hire any Equipment from us then then the Local Tickets Hire Agreement Terms and Conditions apply.

1.3 To the extent of any conflict between these Local Tickets General Terms and Conditions and the provisions of any Service Agreement the provisions of these Local Tickets General Terms and Conditions will prevail unless the conflict has been expressly contemplated by that Service Agreement, in which case the provisions of the Service Agreement will prevail. This clause does not apply to defined terms.

1.4 Some words and phrases in these Local Tickets General Terms and Conditions and each Service Agreement have special meanings. These may be defined in context, or in the Local Tickets Dictionary which is incorporated by reference. Terms defined in a Service Agreement apply to that agreement and prevail over any conflicting term defined in these Local Tickets General Terms and Conditions or any other Service Agreement.

1.5 To the extent that these Local Tickets General Terms and Conditions are incorporated by reference in a Service Agreement, then for the purpose of interpreting the clauses any reference hereafter to “these Local Tickets General Terms and Conditions” is to be replaced with “this Service Agreement”.

2. Conditions of use

2.1 Your use of the Site and any of our Services, is conditional on you:

(a) being either:

(i) an individual of at least 18 years of age and not being the subject of any legal incapacity; or

(ii) a body corporate, that is solvent and not under any external management or control; and

(b) being capable of entering into binding contracts;

(c) not contravening any laws by entering into an agreement with us;

(d) providing us with all reasonable assistance to deliver our Services to you; and

(e) complying with all of your obligations under these Local Tickets General Terms and Conditions.

2.2 We may vary these Local Tickets General Terms and Conditions or impose new terms and conditions on your use of the Services or the Site at any time, by a notice published on the Site.

2.3 We may add features or update the Services from time to time. We may require you to agree to additional terms or meet other requirements in order to use such additional features or Services.

2.4 If we vary these Local Tickets General Terms and Conditions, impose additional terms and conditions, or change the application of any terms and conditions to our Services then upon the earliest occurrence of you requesting or receiving those Services from us you are bound by such variation, addition, or application of the relevant terms, as the case requires.

2.5 Nothing in this clause 2 is to be read as limiting our rights in administering the Site, or methods that we may use to control the features available to you, or our provision of Services to you, through the Site.

2.6 We may contact you by post, phone, SMS, or email using the details that you provide to us from time to time. Without limitation, we may contact you regarding our marketing and promotions (unless you request otherwise); and we may contact you in relation to any order you place with us using the Site.

3. Intellectual Property Rights

3.1 Nothing in these Local Tickets General Terms and Conditions or any Service Agreement constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that we own or are licensed to use all Site Content and Intellectual Property Rights in the Site.

3.2 By posting or adding any Content onto the Site, you retain any Intellectual Property Rights you may have in the Content and grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, by reproducing, changing, and communicating the Content to the public) and permit us to authorise any other person to do the same thing.

3.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

3.4 The licence in clause 3.2 and waiver in clause 3.3 will survive termination of these Local Tickets General Terms and Conditions for whatever reason.

3.5 You represent and warrant to us that you have all necessary rights to grant the licences and waivers set out in clauses 3.2 and 3.3.

4. Licence to use Site

4.1 We grant you a non-exclusive, non-transferable licence to use the Site in accordance with these Local Tickets General Terms and Conditions, and any conditions imposed by any Service Agreement that applies.

4.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

4.3 You must not add any content to the Site:

(a) unless you hold all necessary rights, licences and consents to do so;

(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d) that would bring us, or the Site, into disrepute; or

(e) that infringes the Intellectual Property Rights or other rights of any person.

4.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

4.5 You acknowledge and agree that:

(a) We retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes) and Local Tickets may at its discretion suspend or terminate the operation of the Site;

(c) Local Tickets provides no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner or that the Site will meet your purposes;

(d) Local Tickets will not be responsible for any system errors which may occur from time to time.

4.6 You must not:

(a) reverse engineer, reverse assemble or reverse compile the Site or any part of it;

(b) combine or incorporate the Site in any other program or system without our prior consent in writing; or

(c) copy the Site, or any Site Content contained on or accessible through it, belonging to a person other than you, in whole or in part.

5. Privacy

5.1 Our Privacy Policy applies to Ticket Purchaser’s use of the Site, and is incorporated by reference.

5.2 Ticket Purchaser authorises us to disclose their personal information collected by the Site with the Event Host responsible for the relevant Event.

5.3 Event Host agrees to take all reasonable steps to protect each Ticket Purchaser’s personal information that they receive.

5.4 Ticket Purchaser authorises the Event Host to use their personal information to contact them, in relation to the Event for which they have purchased a ticket, and for future promotional and marketing purposes.

5.5 Ticket Purchaser authorises Local Tickets to add their contact details to the Local Tickets marketing database, and to send promotional material to the Ticket Purchaser.

6. Right to subcontract

6.1 We may appoint employees, sub-contractors, or agents to provide some or all of the Services; and such entities are bound by the same obligations as us. It is our responsibility to ensure such entities comply with the Local Tickets Terms of Trade as the case requires.

7. Indemnity

7.1 You agree to release and hold Local Tickets Pty Ltd harmless against any action, proceeding, claim, demand or prosecution relating to any downtime, interruption, loss of data, or consequential loss of any kind whatsoever, whether directly or indirectly arising in connection with the Services.

7.2 You release and indemnify, and agree to keep Local Tickets Pty Ltd indemnified against any action proceeding, claim, demand, or prosecution relating to:

(a) any breach of your warranties under any agreement you have with us; and

(b) any loss or damage to persons or property (including data), caused by your Content.

7.3 In these Local Tickets General Terms and Conditions a reference to “consequential losses” means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss.

7.4 The provisions of this clause 7 survive termination.

8. Limitation of liability

8.1 Ticket Purchasers purchase tickets and attend Events at their own risk and Local Tickets will not be liable for any personal or professional injuries, damage or other direct or consequential loss resulting from your attendance at an Event.

8.2 Local Tickets does not guarantee the accuracy of information, or the suitability of Events promoted, or anything else on the Site. You agree that you must make your own enquiries as to the accuracy of information provided on the site, including but not limited to information about any Event promoted by an Event Host.

8.3 We are not responsible for any defects, delays or interuptions to the Services caused by the delays, action or inaction of any third parties and without limitation such as hardware suppliers or installers, internet service providers, telecomuunications companies or service providers or Force Majeure Events.

8.4 Subject to clauses 8.6 and 8.7, to the fullest extent permitted by law Local Tickets Pty Ltd excludes all and any liability for: any direct, incidental or consequential loss or damage; loss or corruption of data; or loss of anticipated savings; and, that result from your access to, use of, inability to access, or reliance on, the Site or its content. Such exclusions apply regardless of the cause including without limitation, by the negligence of Local Tickets Pty Ltd.

8.5 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Local Tickets General Terms and Conditions or any Service Agreement.

8.6 Except as contemplated by clause 8.7, nothing in this EULA is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth).

8.7 If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Local Tickets Pty Ltd in connection with this EULA and Local Tickets Pty Ltd’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 8.4 does not apply to that liability and instead Local Tickets Pty Ltd’s liability for such failure is limited to (at Local Tickets Pty Ltd’s election):

(a) in the case of a supply of goods, Local Tickets replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or

(b) in the case of a supply of services, Local Tickets Pty Ltd supplying the services again or paying the cost of having the services supplied again.

8.8 The provisions of this clause 8 survive termination.

9. Suspension

9.1 Local Tickets may suspend operation of the Site at any time without notice to you.

9.2 Local Tickets may suspend or lock an Event Host Account at any time without notice to you. However, if you cannot access your account, please contact us.

9.3 Local Tickets will suspend your account if your ABN does not match the ABN which is registered on the Australian Business Register.

10. Termination

10.1 Local Tickets may immediately terminate this agreement, or any Service Agreement, at any time with written notice. However, if a Service Agreement provides that a certain amount of notice must be given to terminate that agreement, then Local Tickets must give that amount of notice to terminate that Service Agreement.

10.2 Terminating a Service Agreement does not automatically terminate any other Service Agreement then on foot.

10.3 Upon termination:

(a) we may invoice you for any fees that have accrued and not yet been paid by you under this agreement;

(b) we may take any action necessary or convenient to prevent you from accessing the Site or our Services;

(c) your licence to use the Site immediately ends;

(d) we may, but need not, keep all data and Content uploaded by you to the Site for our records;

(e) we may destroy any data and Content uploaded by you to the Site;

(f) we may continue to send you information about our Services, and other marketing information;

(g) a party not in default may pursue any other rights or remedies available at law against a defaulting party subject to clauses 7 and 8; and

(h) this clause 10.3 survives termination.

10.4 If we terminate an agreement with you, we may notify our customers and suppliers in this regard, and you authorise us to receive any information from them about you.

11. General

11.1 Local Tickets is an Australian Owned business and all prices displayed are in Australian Dollars (AUD) only.

11.2 All prices are inclusive of GST, where applicable, unless stated otherwise.

11.3 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Local Tickets General Terms and Conditions.

11.4 Unless expressly stated otherwise (and then only to the extent stated), these Terms do not designate Local Tickets, you or any other party as the agent, employee, legal representative, partner or joint venture of any party for any purpose whatsoever.

11.5 If a provision of these Local Tickets General Terms and Conditions are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

11.6 The failure of Local Tickets, you, or any other party to exercise any right provided in these Local Tickets General Terms and Conditions shall not be deemed a waiver or forfeiture of any such right.

11.7 Each party must at its own expense do everything reasonably necessary to give full effect to these Local Tickets General Terms and Conditions.

11.8 Each Party is responsible for its own costs including any legal fees (on a solicitor own client basis) incurred in enforcing these Local Tickets General Terms and Conditions.

11.9 All provisions of these Local Tickets General Terms and Conditions relating to payment, disclaimers, and limitations of liability, confidentiality and proprietary right shall survive termination.

11.10 This Agreement is governed by the laws of Queensland and the Commonwealth of Australia . The Parties submit to courts of competent jurisdiction within the State of Queensland.

Local Tickets’ Event Host Terms and Conditions

A reference to an “Event Host” or “you” is a person (or an organisation) that agrees to sell tickets using Local Tickets’ Services, by signing up for an account on the Site (“Event Host Account”).

As an Event Host these Event Host Terms and Conditions govern your use of the Site through your Event Host Account, and forms a binding agreement with Local Tickets (“Event Host Agreement”).

1. Agreement

1.1 Upon your acceptance of these Event Host Terms and Conditions you enter into an Event Host Agreement with Local Tickets. The Event Host Agreement is also governed by the Local Tickets General Terms and Conditions, which are incorporated by reference and operate in addition to the following provisions.

2. Licence conditions for Event Hosts

2.1 The Event Host is permitted to promote Event(s) on the Site in accordance with these Event Host Terms and Conditions.

2.2 Local Tickets agree to act as agent only for the Event Host to provide an online ticket booking service for the Event Host's Event(s) in accordance with and to the extent of these Event Host Terms and Conditions only.

2.3 The Event Host agrees to each of the following conditions.

(a) Local Tickets will receive the Ticket Revenue in full for each ticket as agent for the Event Host (“Ticket Revenue”).

(b) The Event Host will pay to Local Tickets each of the following that apply to the Services as published on the Local Tickets Pricing Page from time to time (the aggregate of which will be referred to as the “Event Fees”):

(i) the Event Host Fee Per Ticket Sold Fee;

(ii) the Event Host Per Person Per Table Fee;

(iii) Free Tickets and Events Fees;

(iv) Customer Charges;

(v) Event Set Up Fees;

(vi) Marketing Fees;

(vii) Gate Ticketing Fees;

(viii) any other “Event Host” Fees published from time to time that relate to your Event(s); and

(ix) any other associated costs as agreed by the parties (including without limitation any marketing tools purchased, advertising fees and any costs associated with the use and hire of the scanners).

(c) You will be provided with a Statement of Account or Tax Invoice for the Event Fees.

(d) Local Tickets are entitled to retain any portion of the Ticket Revenue in satisfaction of the Event Fees, or any part of them. For clarity this entitles Local Tickets to set off any amounts held by Local Tickets and owed to the Event Host against the amounts owed to Local Tickets by the Event Host.

(e) Event Host must finalise an Event on the Dashboard, including:

(i) check total ticket sales;

(ii) check all recorded Event Fees;

(iii) check bank account details (incorrect details may result in a third party receiving your payment, in which case we may not be able to retrieve those funds or make any further payment to you – we are not responsible for ensuring your bank account details are correct); and

(iv) make all necessary adjustments or contact us with any queries prior to finalising the Event.

(f) Local Tickets will transfer the Ticket Revenue, minus the Event Fees, to the nominated account of the Event Host the next working day after the Event where possible but this may take up to 3 working days. This clause 2.3(f) is subject to clauses 2.3(d) and 2.3(e).

(g) Local Tickets reserves the right to hold the Event Hosts money for a longer period, if the Event Host is a first time user of the site. Local Tickets in some instances may need to verify the authenticity of the Event Host and their Event. This period of time could be up to 120 days.

(h) In circumstances where Local Tickets are required to pay any amounts as a result of a chargeback, the Event Host is liable to Local Tickets with respect to the full amount of any chargeback and any associated costs and bank fees.

(i) Local Tickets reserves the right to suspend the sale of tickets for an Event on our site at any time without prior warning.

(j) If we hold any monies as your agent in relation to an Event, then if there is insufficient monies held by us in relation to that Event to pay the relevant Event Fees, then you authorise us to deduct the Event Fees, or any part of them, from monies held in relation to any other Event.

(k) To the extent that the Event Fees exceed the Ticket Revenue, you must pay us the shortfall within 14 days of the date of the Statement of Account or Tax Invoice issued to you.

(l) If an Event is cancelled then prior to processing the refunds we may require you to pay the Booking Fee (which would ordinarily be paid by the Ticket Purchaser) and a $2 Refund Fee for each ticket purchase that is to be refunded.

(m) If you hire any Equipment from us, our Hire Agreement terms and conditions will apply, and:

(i) we may require you to provide us with a Security Amount;

(ii) You agree that We may withhold the Security Amount from any monies that we owe you under this Event Host Agreement until We receive the Equipment in Good Working Order.

(n) Any Equipment that is returned and not in Good Working Order will incur additional costs for the reasonable repair or replacement of the relevant equipment, as the case requires. We may deduct any such costs from the Security Amount.

(o) Subject to any deductions contemplated by this Agreement, we will remit the Security Amount (if any) to you within 5 Business Days of receiving the Equipment in Good Working Order, or taking such action as is required to repair, restore, or replace the Equipment as the case requires.

2.4 The Event Host acknowledges the Ticket Purchaser Terms and Conditions, and agrees that they form the basis of all ticket sales for Events registered on the Site. Event Host further agrees to do all things necessary to meet its obligations, and to assist Local Tickets to meet its obligations, to Ticket Purchasers.

2.5 You must adhere to any policies that we publish from time to time in relation to your use of the Site and our Services.

2.6 You must not use the Site to mislead or deceive any other person.

3. Event Host Terms and Conditions

3.1 Event Host may use the Ticket Purchaser Terms and Conditions provided by Local Tickets to govern the sale of tickets to Ticket Purchasers, or may upload their own additional terms and conditions.

3.2 Event Hosts use the Ticket Purchaser Terms and Conditions at their own risk and must make all enquiries necessary to satisfy themselves of the legality and suitability of the Ticket Purchaser Terms and Conditions for the intended use.

3.3 Local Tickets provides no commitment, warranty or guarantee that the Ticket Purchaser Terms and Conditions are suitable for any particular purpose.

3.4 Local Tickets accepts no responsibility for any direct, indirect, incidental or consequential damages howsoever arising resulting from Event Host’s use of the Ticket Purchaser Terms and Conditions.

4. Support services

4.1 We provide basic limited phone and email support to assist you to familiarise yourself with the Site and access and manage your Event(s).

4.2 If you would like us to upload or administer Events for you, we will do so for the fee published on the Local Tickets Pricing Page at the relevant time.

4.3 In the Event that you require us to fix a problem that has been caused by your acts or omissions we may charge you the Paid Support Rate for any and all time that we spend acting on your instructions, or in response to any request for assistance that exceeds our basic support.

5. Warranties

5.1 You represent and warrant to us that:

(a) You have the legal capacity to enter into the Local Tickets Terms of Trade; and

(b) You have complied with clause 4.3 of the Local Tickets General Terms and Conditions.

6. Publicity Rights

6.1 We reserve the right to name you, and use your brand name or trade marks, if any, as in indication of our experience to promote the Site and our Services.

Local Tickets End User Licence Agreement for Local Tickets App (“Local Tickets EULA”)

Dated: 20 September 2016

The EULA Terms and Conditions set out below apply to use of, and access to, the Local Tickets App, and can be accessed at http://www.localtickets.com.au/terms.

If you do not agree to these EULA Terms and Conditions you must not use or access the Local Tickets App, or any other resource or application available through it, including any associated Event Host Account on the Site.

By using the Local Tickets App or accessing any application, or resource through it, you accept the EULA Terms and Conditions and enter into an agreement with Local Tickets Pty Ltd ABN 19 154 816 350 (“EULA”).

This EULA and your use of Local Tickets’ Site is subject to additional terms and conditions, which you must accept before accessing or using the Site or an Event Host Account. All such documents can be viewed at http://www.localtickets.com.au/terms.

EULA Terms and Conditions

1. Definitions

In this EULA, the following defined terms in this clause 1 have the corresponding meaning, unless the context requires otherwise.

“Content” means any media, images, text, content, software, including user generated content and content uploaded by an Event Host, as the case requires, or other files relating to an Event Host on the Local Tickets App, but excluding any part of the Local Tickets App, or related templates, media, modules, or data.

“Intellectual Property Rights” means all industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights.

“Event Host Account” means an Event Host user profile or account on the Site, unless provided otherwise in the Local Tickets General Terms and Conditions.

“Local Tickets” means Local Tickets Pty Ltd ABN 19 154 816 350.

“Local Tickets App” means our software application.

“Event Host” means a person who has signed up for an Event Host Account.

“Site” means the software platform accessible through http://www.localtickets.com.au, and any associated pages, applications, and resources, or any of them as the case requires, unless provided otherwise in the Local Tickets General Terms and Conditions.

“you” and “your” means the person who accepts these EULA Terms and Conditions.

2. Term

2.1 This EULA begins upon your acceptance of the terms and conditions of this EULA and continues until a Party terminates this EULA in writing.

2.2 You accept the terms and conditions of this EULA upon the earliest occurrence of one of the following Events:

(a) you download the Local Tickets App;

(b) you install the Local Tickets App;

(c) you check any checkbox that indicates that you agree to the terms and conditions of this EULA.

3. Conditions of use

3.1 The Local Tickets General Terms and Conditions apply to your use of the Local Tickets App and are incorporated by reference. Please refer to http://www.localtickets.com.au/sell-tickets/event-hosts-terms-conditions.

3.2 Nothing in this clause 3 is to be read as limiting our rights in administering the Local Tickets App, or methods that we may use to control the features available to you, or our provision of Services to you, through the Local Tickets App.

4. Your obligations

4.1 You must notify us if you believe that your Event Host Account has been accessed without your authority.

4.2 You must take reasonable measures to prevent any unauthorised person from accessing the Local Tickets App, your Event Host Account, or any other Services we provide using your Event Host credentials. You are responsible for any damage caused or fees incurred by any such person.

4.3 You are responsible for the Content, integrity and conduct of your Event Host Account on the Site using the Local Tickets App.

5. Provision of Services

5.1 For the duration of, and subject to the terms and conditions of this EULA:

(a) we will provide the Local Tickets App in accordance with this EULA as varied by us and agreed by you from time to time; and

(b) if requested by you, we will provide you with an Event Host Account , which you will be able to access and administer subject to additional terms and conditions.

5.2 Local Tickets App provides a gate ticketing system for:

(a) create bookings;

(b) scanning pre-sale tickets; and

(c) viewing localised ticket reports.

6. Service limitations

6.1 The Site is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free.

6.2 The Local Tickets App is reliant on you having an active and stable internet connection.

6.3 We do not provide any specific support Services under this EULA, however a range of general support information, tutorials, and FAQs are available through the Local Tickets App. If you have any queries then please contact us at [email protected], and we will try to assist you as soon as we can during Business Hours.

7. Intellectual property

7.1 We own, or are licensed to use, all components of the Local Tickets App.

7.2 Subject to your continued compliance with the terms and conditions of this EULA, for the duration of this EULA we grant you a non-transferrable licence to use the Local Tickets App for your gate ticketing purposes.

8. Privacy

8.1 No personal information is transmitted to us by the Local Tickets App.

9. Suspension and Termination

Suspension

9.1 We may conduct scheduled or mission critical maintenance of the Site during which time the Services may be interrupted. We will give you reasonable notice of such maintenance where possible and make all reasonable efforts to keep any disruption to a minimum.

Termination for default

9.2 We may terminate this EULA immediately by written notice if:

(a) you are guilty of dishonesty, serious misconduct or serious neglect of duty; or

(b) you experience an Insolvency Event.

Termination for convenience

9.3 You may terminate this EULA at any time by written notice, or by uninstalling the Local Tickets App from a device owned by you. Terminating this EULA does not automatically terminate any other agreement you have with us.

9.4 We may terminate this EULA at any time.

10. Indemnity & limitation of liability

10.1 The Local Tickets General Terms and Conditions contains a number of indemnities and limitations of our liability that apply to your use of the Local Tickets App; you should read and understand this document prior to accepting the terms of this EULA – please see the link at the beginning of this EULA.

Privacy Policy

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your information, including any Personal Information. It applies to the Site, and all related sites, applications, services and tools regardless of how you access them.

This Privacy Policy is available at http://www.localtickets.com.au/terms.

1. Definitions and Interpretation

1.1 In this Privacy Policy the terms defined in the Local Tickets General Terms and Conditions apply; additionally each of the following terms has the corresponding meaning:

(a) “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(i) whether the information or opinion is true or not; and

(ii) whether the information or opinion is recorded in a material form or not.

(b) “you” or “User” means a person that uses the Site, including without limitation by doing any of the following:

(i) views the Site in a browser;

(ii) submits any information to the Site, through use of an enquiry form, or otherwise;

(iii) signs up for an account on the Site;

(iv) pays for Services using the Site;

(v) conducts any other type of transaction on the Site.

2. Parties bound

2.1 You accept this Privacy Policy when you access the Site, or otherwise accept our Services.

2.2 We may amend this Privacy Policy at any time by posting a revised version on the Site. The revised version will be effective 7 days after it being posted on the Site. For the avoidance of doubt, the current version of the Privacy Policy will remain in effect until the revised version takes effect.

2.3 Local Tickets is not currently bound to comply with the Australian Privacy Principles, and nothing in this policy shall be read to impose any obligation beyond that set out in this Privacy Policy.

3. How we collect information

3.1 We collect information sent to us by your computer, mobile phone, or other access device when you:

(a) navigate to the Domain, or any related pages with a web browser, or

(b) otherwise use the Site to obtain products or Services from us.

4. Information that we collect

4.1 The information sent to us may include data on the pages you access, device identifiers, your location, standard web log data, transaction data, and other information as described in paragraphs 4.2 through 4.7.

4.2 Web log data incudes the browser type you’re using and traffic to and from the Site and your computer, mobile phone, or other access device.

4.3 Transaction data includes:

(a) details relating to any transactions completed by you using the Site and a Payment Processor; or

(b) details relating to any transactions otherwise completed using the Site.

4.4 We may collect the following types of information:

(a) Contact information, such as your name, address, phone, email and other similar information;

(b) Detailed Personal Information, such as your date of birth or other personal identifiers.

4.5 We may also obtain any information about you from third parties including without limitation credit bureaus, Payment Processors, and identity verification services.

4.6 In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with the Site. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

4.7 We may also collect additional information from or about you in other ways, such as through contact with our support team, results when you respond to a survey or poll, and from interactions with any other person through the Site.

5. How we use Cookies

5.1 When you access the Site, we may place small data files on your computer, mobile phone or other access device. These data files may be cookies, pixel tags, or other local storage provided by your browser or associated applications (collectively “Cookies”).

5.2 We use Cookies to:

(a) identify you as a User;

(b) enable functionality on and to customise the Site and related content;

(c) measure promotional effectiveness;

(d) mitigate risk and prevent fraud; and

(e) to promote trust and safety on the Site.

5.3 We may use session or persistent Cookies. Session Cookies expire and no longer have any effect when you close your browser. Persistent Cookies remain on your browser until you erase them or they expire.

5.4 We encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the Site.

6. How we protect and store Personal Information

6.1 Throughout this Privacy Policy, we use the term “Personal Information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider Personal Information to include information that has been made anonymous and does not identify a specific User.

6.2 We store and process your Personal Information on our computers in Australia.

7. How we use the Personal Information we collect

7.1 Our primary purpose in collecting Personal Information is to provide you and each other User with a secure, smooth, efficient, and customised experience. We may use your Personal Information to:

(a) provide the Site, our Services, and customer support;

(b) send notices and information to you;

(c) resolve disputes, collect fees, and troubleshoot problems;

(d) prevent potentially prohibited or illegal activities, and enforce the terms and conditions of any agreement that we have, or have had, with you;

(e) customise, measure, and improve the Site and the content and layout;

(f) contact you at any telephone number by placing a voice call, or through text (SMS), or email messaging, as authorised by our Local Tickets General Terms and Conditions; or

(g) compare information for accuracy, and verify it with third parties.

8. Marketing

8.1 Your authorise us to:

(a) disclose your information for any purpose(s) outlined in any agreement we have with you;

(b) disclose your information to Event Hosts for their promotions and marketing purposes; and

(c) disclose your information to our associates for their promotions and marketing purposes.

8.2 We may combine your information with information we collect from other companies and use it to improve and personalise the Site, content, and advertising.

8.3 You authorise us to send you messages relating to Events for which you have either sold or purchased tickets. You further authorise us to send you messages relating to other Events that are published on the Site, and for general marketing purposes. If you do not wish to receive marketing communication from us, then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you.

8.4 Information generated by the Site, which includes data relating to your use of the Site, is used by us for our internal development purposes.

9. How we share Personal Information with other parties

9.1 In addition to the other provisions of this Privacy Policy, we may share your Personal Information with the following persons, or classes of persons.

(a) Service providers under contract who help with our business operations such as fraud prevention, bill collection, marketing, and technology services.

(b) Companies that we plan to merge with or be acquired by. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Information. If your Personal Information could be used contrary to this policy, you will receive prior notice.

(c) Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Local Tickets or one of its affiliates.

(d) Credit card brands in order to evidence the details of a transaction that has been queried by you.

(e) To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Local Tickets General Terms and Conditions.

(f) Other third parties with your consent or direction to do so.

9.2 Please note that these third parties may be in other countries where the laws on processing Personal Information may be less stringent than in your country. However, we will take reasonable steps to ensure the third parties do not breach the Australian Privacy Principles in relation to the Personal Information.

9.3 If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Local Tickets is not responsible for the content or information practices of third parties.

10. Retention of information

10.1 Local Tickets may retain your personal information for a period up to 7 years to comply with legislative requirements with respect to record keeping, or other governance purposes.

10.2 Where Local Tickets are no longer required or authorised by law to retain your personal information it will be destroyed or permanently de-identified.

10.3 Local Tickets complies with the Payment Card Industry Security Data Standards (PCI-DSS) so we do not retain or store any credit card information.

11. How you can access or change your Personal Information

11.1 Event Hosts can review and edit their information by logging into the Site “my account” page.

11.2 Ticket Purchasers can request and change Personal Information that we hold about you by contacting our Privacy Officer at [email protected]

12. How you can contact us about privacy questions

12.1 If you have questions or concerns regarding this Privacy Policy, you should contact us by email at [email protected] If you have a privacy complaint, you should report it by emailing us at [email protected]

13. Handling your complaints

13.1 We aim to:

(a) Acknowledge receipt of all complaints within 5 business days; and

(b) Resolve all complaints within 60 days, however, this may not be possible in all circumstances.

13.2 Where we cannot resolve a complaint within 60 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.

Local Tickets Dictionary

For the purposes of any agreement with Local Tickets, the defined terms in the following table have the corresponding meaning unless repugnant to the context.

Defined term

Meaning

Admin Fee

1.5% of the Ticket Price.

App

A software application.

Booking Fee

The fee payable on ticket purchases by the Ticket Purchaser, as provided on our Local Tickets Pricing Page from time to time.

Business Hours

Means 9:00am until 4:00pm Monday to Friday, except for gazetted public holidays in Brisbane, Queensland.

Charge Backs

A reversal of a credit card transaction that has occured as a result of a refund, dispute or unauthorised activity.

Content

Any media, images, text, content, software, including user generated content and content uploaded by you to the Site, but excluding any part of the Site, or related templates, media, modules, or data.

Credit Card Fee

The fee payable on ticket purchases by the Ticket Purchaser, which comprises the Merchant Fee and Admin Fee.

Domain

Means any domain operated by Local Tickets, including http://www.localtickets.com.au and each of those listed on www.localtickets.com.au/our-network from time to time.

Equipment

Any Equipment provided by Us to You under a Hire Agreement, including any associated or attached tools, accessories and parts supplied.

Event

An event uploaded to the Site by an Event Host, or on behalf of an Event Host, and when used in the context of an Event Host Agreement then an event uploaded by that Event Host, or on behalf of an Event Host.

Event Fees

The fees payable to us by an Event Host, as described in the Event Host Terms and Conditions.

Event Host

As defined in the Event Host Terms and Conditions.

Event Host Account

As defined in the Event Host Terms and Conditions.

Event Host Agreement

As defined in the Event Host Terms and Conditions.

Event Host Terms and Conditions

The Event Host Terms and Conditions published from time to time at http://www.localtickets.com.au/terms.

Force Majeure Events

Any natural disaster, fire, flood, war, riot, terrorism, vandalism, government sanction, industrial action or other significant event outside the reasonable control of a party.

Good Working Order

Not soiled or marked by foreign materials or substances, free of obvious damage (other than reasonable wear and tear) and capable of being operated in accordance with its specification.

Insolvency Event

In relation to a party means any of the following:

a. an application is made to a court for an order that the party be wound up and the order is not disposed of within 30 business days or an order is made that the party be wound up;

b. an application is made to a court for an order appointing a liquidator or provisional liquidator or a liquidator or provisional liquidator is appointed in respect of either party and that order or appointment is not disposed of within 30 business days;

c. the party enters into, or resolves to enter into, a scheme of arrangement, deed of company arrangement or composition with, or assignment for the benefit of, all or any classes of its creditors, or it proposes a reorganisation, moratorium or other administration;

d. the party resolves to wind itself up, or otherwise dissolve itself, or gives notice of the intention to do so, or is otherwise wound up or dissolved;

e. any step is taken to appoint an administrator, a receiver, and/or manager or other like person over the whole or any part of the party’s assets or business;

f. judgement is entered against the party for more than $20,000.00, which remains unsatisfied or unappealed for more than 21 days; or

g. if the party is placed under official management, commits an act of bankruptcy or is charged with a criminal offence.

Intellectual Property Rights

All industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights.

Local Tickets

Local Tickets Pty Ltd ABN 19 154 816 350.

Local Tickets App

The software application published by Local Tickets.

Local Tickets Dictionary

This document.

Local Tickets EULA

The Local Tickets EULA published from time to time at http://www.localtickets.com.au/terms or as otherwise distributed with the Local Tickets App.

Local Tickets General Terms and Conditions

The Local Tickets General Terms and Conditions published from time to time at http://www.localtickets.com.au/terms

Local Tickets Hire Agreement Terms and Conditions

The Local Tickets Hire Agreement Terms and Conditions published from time to time at http://www.localtickets.com.au/terms

Local Tickets Pricing Page

http://www.localtickets.com.au/sell-tickets/pricing

Local Tickets Terms of Trade

Any, or any combination, of the Local Tickets General Terms and Conditions and any Service Agreement that apply to your use of our Services.

Merchant

National Australia Bank

Merchant Fee

1.4% of the Ticket Price.

Paid Support Rate

$125.00 per hour, unless specified otherwise on the Local Tickets Pricing Page.

Payment Processor

Any merchant service that you may access through the Site to facilitate payments.

Privacy Policy

The Local Tickets Privacy Policy published from time to time at http://www.localtickets.com.au/terms.

Security Amount

An amount of money, or monies worth, provided by you to us as security

Service Agreement

The agreement between you and us for the provision of our Services as contemplated by the Local Tickets General Terms and Conditions.

Services

A service provided to you by us under a Service Agreement.

Site

The Local Tickets Site which is accessible through the Domain.

Site Content

Any media, images, text, content, software, including user generated content and content uploaded by other users to the Site, but excluding any part of the Site, or related templates, media, modules, or data.

Ticket Price

The price payable to an Event Host for a ticket purchased on the Site.

Ticket Purchase Agreement

The agreement between you and us for the purchase of tickets on the Site, as described in the Ticket Purchaser Terms and Conditions.

Ticket Purchaser

The ticket purchaser described in the Ticket Purchaser Terms and Conditions.

Ticket Purchaser Terms and Conditions

The Ticket Purchaser Terms and Conditions published from time to time at http://www.localtickets.com.au/terms.

Ticket Revenue

Revenue from ticket sales, as described in the Event Host Terms and Conditions.

You

The party that enters into an agreement with us in relation to the Site or our Services, as the case may be. To the extent that there is more than one other party to this EULA other than us, then it is a reference to all of them, unless the context requires otherwise.

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